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[Federal Register: August 3, 2010 (Volume 75, Number 148)]
[Rules and Regulations]               
[Page 45480-45482]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au10-4]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0450; FRL-9182-2]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Minnesota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a request submitted by the Minnesota 
Pollution Control Agency (MPCA) on May 7, 2010, to revise the Minnesota 
State Implementation Plan (SIP) for sulfur dioxide (SO2). 
The approval revises the Minnesota SIP by updating information 
regarding the heat and steam distributor facility of United Defense, 
LP, Inc, located in Fridley, Minnesota. The source has changed its name 
from United Defense, LP, Inc to ELT Minneapolis, LLC, as a consequence 
of a change in ownership. The revision replaces the joint Title I/Title 
V document currently approved in the SIP for the facility to reflect 
the change in ownership. These revisions do not change any of the 
SO2 control requirements and will not result in an increase 
in SO2 emissions at the facility because no emission limits 
were increased.

DATES: This direct final rule will be effective October 4, 2010, unless 
EPA receives adverse comments by September 2, 2010. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0450, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: bortzer.jay@epa.gov.
    3. Fax: (312)629-2054.
    4. Mail: Jay Bortzer, Chief, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    5. Hand Delivery: Jay Bortzer, Chief, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. Such deliveries are only accepted during the 
Regional Office normal hours of operation, and special arrangements 
should be made for deliveries of boxed information. The Regional Office 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m. excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2010-0450. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from

[[Page 45481]]

8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 
holidays. We recommend that you telephone Charles Hatten, Environmental 
Engineer, at (312) 886-6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6031, 
hatten.charles@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. General Information
II. What revision did the State request be incorporated into the 
SIP?
III. What is EPA's analysis of the State submission?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews.

I. General Information

 A. Does this action apply to me?

    This action applies only to the ELT Minneapolis, LLC, (ELT) for its 
River Road Industrial facility located at 4800 East River Road, 
Fridley, Minnesota (Anoka County).

B. Has public notice been provided?

    Minnesota published a public notice of the revisions to the SIP on 
February 17, 2010. The comment period began on February 26, 2010, and 
ended on March 29, 2010. In the public notice, Minnesota stated it 
would hold a public hearing if one were requested during the comment 
period. This follows the alternative public participation process EPA 
approved on June 5, 2006 (71 FR 32274). For limited types of SIP 
revisions that the public has shown little interest in, a public 
hearing is not automatically required. Because no one requested a 
public hearing, Minnesota did not hold a public hearing.

C. What is the background to this action?

    ELT owns and operates boilers and emergency generators in the city 
of Fridley, formerly owned and operated by United Defense, LP, Inc. The 
facility is used as a heat and steam distributor. The facility is 
located in the Anoka area's non-attainment plan for the SO2 
National Ambient Air Quality Standard (NAAQS). However, the area 
currently meets the NAAQS for SO2, and was officially 
redesignated as attainment on July 31, 1995.
    The primary emission units at the facility are three fossil fuel-
fired boilers (Nos. 1, 2, and 3), and four emergency generators. Each 
boiler burns natural gas as fuel with distillate oil as a backup fuel. 
The generators only burn low sulfur diesel fuel.

II. What revision did the State request be incorporated into the SIP?

    To reflect the change in ownership the State has requested that EPA 
replace the joint Title I/Title V document currently in the Minnesota 
SIP for United Defense, LP, Inc, with a new joint document for ELT 
Minneapolis, LLC.

A. What prior SIP actions are pertinent to this action?

    The facility has been subject to a federally enforceable permit 
incorporated into Minnesota's SIP as a joint Title I/Title V document, 
containing requirements for ensuring the attainment of the NAAQS for 
SO2. As a result, the facility is subject to fuel usage 
limitations to restrict the total facility SO2 emissions.

B. What are Title I conditions and joint Title I/Title V documents?

    SIP control measures were contained in permits issued to culpable 
sources in Minnesota until 1990 when EPA determined that limits in 
state-issued permits are not federally enforceable because the permits 
expire. Minnesota then issued permanent Administrative Orders to 
culpable sources in nonattainment areas from 1991 to February of 1996.
    Minnesota's consolidated permitting regulations, approved into its 
SIP on May 2, 1995 (60 FR 21447), include the term ``Title I 
condition'' which was written, in part, to satisfy EPA requirements 
that SIP control measures remain permanent. A ``Title I condition'' is 
defined as ``any condition based on source-specific determination of 
ambient impacts imposed for the purposes of achieving or maintaining 
attainment with the national ambient air quality standard and which was 
part of the state implementation plan approved by EPA or submitted to 
the EPA pending approval under section 110 of the act * * *.'' The rule 
also states that ``Title I conditions and the permittee's obligation to 
comply with them, shall not expire, regardless of the expiration of the 
other conditions of the permit.'' Further, ``any title I condition 
shall remain in effect without regard to permit expiration or 
reissuance, and shall be restated in the reissued permit.''
    Minnesota has initiated using joint Title I/Title V documents as 
the enforceable document for imposing emission limitations and 
compliance requirements in SIPs. The SIP requirements in joint Title I/
Title V documents submitted by MPCA are cited as ``Title I 
conditions,'' therefore ensuring that SIP requirements remain permanent 
and enforceable. EPA reviewed the State's procedure for using joint 
Title I/Title V documents to implement site-specific SIP requirements 
and found it to be acceptable under both Titles I and V of the Clean 
Air Act (July 3, 1997 letter from David Kee, EPA, to Michael J. 
Sandusky, MPCA). Further, a June 15, 2006, letter from EPA to MPCA 
clarifies procedures to transfer requirements from Administrative 
Orders to joint Title I/Title V documents.

III. What is EPA's analysis of the State submission?

    The revision to the Minnesota SIP is solely an administrative 
change to reference the new name of the facility from United Defense, 
LP, Inc, to ELT Minneapolis, LLC. On November 22, 2005, the heat and 
steam distributor facility formerly owned and operated by United 
Defense, LP, Inc, was purchased by ELT. ELT operates the facility in an 
area that currently meets the NAAQS for SO2.
    This SIP revision replaces the joint Title I/Title V document, Air 
Permit No. 00300020-001, currently approved into the SIP for United 
Defense, LP, Inc with a new joint Title I/Title V document, Air Permit 
No. 00300245-001, for ELT Minneapolis, LLC. This revision does not 
involve any substantive changes to the SIP conditions. All fuel 
restrictions and SO2 emission limits that apply to the 
boilers and emergency generators remain the same as those currently 
approved into the SIP.

IV. What action is EPA taking?

    EPA is approving a revision to Minnesota's SIP to replace the joint 
Title I/Title V document currently approved into the SIP for United 
Defense, LP, Inc, with a new joint Title I/Title V document, Air Permit 
No. 00300245-001, for ELT Minneapolis, LLC. These revisions do not 
change any of the SO2 control requirements and will not 
result in an increase in SO2 emissions because no emission 
limits were increased.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be

[[Page 45482]]

effective October 4, 2010 without further notice unless we receive 
relevant adverse written comments by September 2, 2010. If we receive 
such comments, we will withdraw this action before the effective date 
by publishing a subsequent document that will withdraw the final 
action. All public comments received will then be addressed in a 
subsequent final rule based on the proposed action. The EPA will not 
institute a second comment period. Any parties interested in commenting 
on this action should do so at this time. If we do not receive any 
comments, this action will be effective October 4, 2010.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 4, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur dioxide.

    Dated: July 19, 2010.
Susan Hedman,
Regional Administrator, Region 5.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart Y--Minnesota

0
2. In Sec.  52.1220, the table in paragraph (d) is amended by removing 
the entry for ``United Defense, LP (formerly FMC/U.S. Navy)'' and 
adding in alphabetical order an entry for ``ELT Minneapolis, LLC'' to 
read as follows:

Sec.  52.1220  Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved Minnesota Source-Specific Permits
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                                                        State effective
            Name of source                Permit No.          date        EPA approval date        Comments
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                                                  * * * * * * *
ELT Minneapolis, LLC.................    003000245-001         09/10/08  August 3, 2010,      Only conditions
                                                                          [Insert page         cited as ``Title
                                                                          number where the     I condition: SIP
                                                                          document begins].    for SO2 NAAQS.''

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[FR Doc. 2010-18563 Filed 8-2-10; 8:45 am]
BILLING CODE 6560-50-P
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